2004-09-14_GENERAL DOCUMENTS - M1993041

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Erica Crosby Division of Mineral and Geology Page 3 of 4 September 14, 2004 Stipulation 1 (revision approval letter dated December 14, 1994). "Prior to blasting, the operator will provide a commitment to the Division which states that County Road 47 will be closed prior and during any blasts within a specified distance from the road." Research: In a December 5, 1994 Adequacy Response letter from AGRA Earth & Environmental to the Division (attached), Southdown committed to post 24 hour advance notice of blasting along County Road 47, and to closing the road for brief periods. Conclusion: Operator previously committed to closing the road during blasting within close proximity, but did not specify a distance. Cemex hereby commits to continuing the on-going practice of employing flagmen for temporary (5-10 minute) closures when blasting occurs within 100 feet of County Road 47. Stipulation 2 (revision approval letter dated December 14, 1994). "All Stipulations of the Original Permit Application Approval dated March 3, 1994 are conditions of this amendment approval. This stipulation has been addressed by our response to Stipulations C and E to the March 3, 1994 approval (above). Stipulation 3 (revision approval letter dated December 14, 1994). "All required permits are obtained from the Office of the State Engineer prior 10 exposing ground water and a financial warranty be posted to cover bac~lling of the pit to an elevation necessary to cover the ground water table." Research: 1. Well Permit #045501 F, issued September 28, 1995 (attached). Condition No. 3 of this permit indicates that all ground water pumped must be discharged to St. Vrain Creek without consumptive use or evaporative loss. 2. Letter from Southwestern Portland Cement to the Division, dated October 19, 1995, regarding submission of rider for reduced financial warranty, including cost for bac~ll of pits. 3. According to the quarry superintendent, Mr. George Martin, water inflow to the Hi- Cal Pit is primarily precipitation (75%) and ditch leakage (25%). There is no ground water infiltration. Water is pumped from the Hi-Cal Pit to the 3rd Ridge Pit, where it is periodically pumped to the nearest ditch. Conclusion: Since ground water is not infiltrating the pit, a Substitute Water Supply Plan is not required. Cemex has obtained the necessary well permit and posted a bond for the backfill of the pits. As mentioned earlier, we will forward signed structure agreements and/or engineering analyses prior to December 31, 2004. I hope that this letter and attachments are sufficient to satisfy the Division's inquiry as to compliance at Dowe Flats.